S T A T E O F N E W Y O R K
________________________________________________________________________
2069
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. BENJAMIN, ALFANO -- Multi-Sponsored by -- M. of
A. BARRA, HOOPER, MILLER -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to requiring pet
kennels to obtain and post certificates of health
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 13 of the public health law is amended by adding a
new title 7-A to read as follows:
TITLE VII-A
BOARDING KENNEL HEALTH AND SAFETY
SECTION 1349. DECLARATION OF PUBLIC POLICY.
1349-A. BOARDING KENNELS; POWERS OF THE COMMISSIONER; DEFI-
NITION.
1349-B. BOARDING KENNELS; DUTY TO PERMIT INSPECTIONS.
1349-C. BOARDING KENNELS; LICENSING REQUIREMENTS.
1349-D. BOARDING KENNELS; POSTING OF SIGNS.
1349-E. BOARDING KENNELS; VIOLATIONS AND SANCTIONS.
1349-F. SEPARABILITY.
S 1349. DECLARATION OF PUBLIC POLICY. IT IS DECLARED PUBLIC POLICY OF
THE STATE OF NEW YORK TO PROTECT THE HEALTH AND SAFETY OF PET ANIMALS IN
BOARDING KENNELS FROM THE SPREAD OF DISEASE TO OTHER ANIMALS AND PEOPLE.
S 1349-A. BOARDING KENNELS; POWERS OF THE COMMISSIONER; DEFINITION. 1.
THE COMMISSIONER SHALL HAVE FULL POWER AND AUTHORITY, IN CONSULTATION
WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, CORNELL UNIVERSITY OR
THE NEW YORK STATE VETERINARY COLLEGE AT CORNELL TO PROMULGATE RULES AND
REGULATIONS REGARDING THE HEALTH AND SAFETY OF BOARDING KENNELS TO
PREVENT THE SPREAD OF DISEASE BETWEEN ANIMALS AND PEOPLE, AND TO LICENSE
AND INSPECT SUCH BOARDING KENNELS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05359-01-9
A. 2069 2
2. THE COMMISSIONER MAY APPOINT AND DESIGNATE, FROM TIME TO TIME,
PERSONS TO MAKE THE INSPECTIONS AUTHORIZED BY THIS SECTION AND SECTION
THIRTEEN HUNDRED FORTY-NINE-B OF THIS TITLE.
3. FOR THE PURPOSES OF THIS TITLE, "BOARDING KENNEL" MEANS AN ESTAB-
LISHMENT OPERATED AND MAINTAINED FOR THE CARE OR CUSTODY OF PET ANIMALS
FOR BOARDING, TRAINING, OR SIMILAR PURPOSES, FOR VARYING PERIODS OF
TIME, FOR PROFIT OR COMPENSATION.
S 1349-B. BOARDING KENNELS; DUTY TO PERMIT INSPECTIONS. EVERY OWNER,
OPERATOR, LESSOR, LESSEE OR PERSON IN CHARGE OF ANY BOARDING KENNEL
ENGAGED IN CUSTODY AND CARE OF PET ANIMALS IN THIS STATE, SHALL PERMIT
THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENTS OR EMPLOYEES TO
HAVE ACCESS TO ALL PARTS OF ANY AND ALL OF SUCH BOARDING KENNELS FOR THE
PURPOSE OF ENSURING THE HEALTH AND SAFETY STANDARDS AND LICENSING
REQUIREMENTS OF THIS TITLE, AND THE PROVISIONS OF LOCAL ORDINANCES OR
REGULATIONS ARE BEING OBSERVED.
S 1349-C. BOARDING KENNELS; LICENSING REQUIREMENTS. 1. NO PERSON,
OWNER, FIRM, CORPORATION, OR ASSOCIATION SHALL OPERATE A BOARDING KENNEL
WITHOUT OBTAINING A LICENSE FROM THE LOCAL HEALTH DEPARTMENT. THE
COMMISSIONER SHALL PROMULGATE HEALTH AND SAFETY STANDARDS FOR SUCH
BOARDING KENNELS, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING:
(A) STRUCTURAL LAYOUT OF FACILITIES, INCLUDING SOURCES OF NATURAL AND
ARTIFICIAL LIGHTING FOR HOUSING PET ANIMALS, ADEQUATE AND HEALTHY VENTI-
LATION, AND TEMPERATURE CONTROL AND MAINTENANCE;
(B) AVAILABILITY OF POTABLE WATER, FOOD SUPPLIES, SANITIZATION OF
FEEDING UTENSILS, STORAGE OF EQUIPMENT AND BEDDING, PROTECTION AGAINST
VERMIN INFESTATION AND CONTAMINATION;
(C) PROOF OF VACCINATION REQUIREMENTS FOR ALL BOARDERS, AVAILABILITY
OF VETERINARY SERVICES, AND AVAILABILITY OF SPACE FOR THE ISOLATION AND
TREATMENT OF PET ANIMALS SUSPECTED OF HARBORING COMMUNICABLE DISEASES;
(D) DISINFECTION, DISPOSAL OF EXCRETA, BEDDING, AND DEAD ANIMALS,
DISPOSAL FACILITIES TO MINIMIZE DISEASE HAZARDS, OFFENSIVE ODORS, AND
VERMIN INFESTATION; AND
(E) CARETAKER CLEANLINESS.
2. THE LOCAL HEALTH DEPARTMENT SHALL ISSUE A LICENSE IF, AFTER
INSPECTION, THE BOARDING KENNEL IS IN COMPLIANCE WITH THE HEALTH AND
SAFETY STANDARDS PROMULGATED BY THE COMMISSIONER AS PROVIDED IN SUBDIVI-
SION ONE OF THIS SECTION. THE LICENSE SHALL BE ISSUED FOR ONE YEAR,
RENEWABLE UPON ANNUAL INSPECTION, AND IN A FORM AS DETERMINED BY THE
COMMISSIONER. THERE SHALL BE A NOMINAL FEE FOR SUCH LICENSE AND LICENSE
RENEWALS TO BE DETERMINED BY THE COMMISSIONER. THE LICENSE SHALL BE
POSTED IN PLAIN VIEW OF THE PUBLIC UPON ENTERING THE BOARDING KENNEL.
THE FEE FOR SUCH LICENSE SHALL BE FIFTY DOLLARS.
3. UPON APPLICATION TO THE DEPARTMENT, WAIVERS TO CERTAIN STANDARDS
MAY BE OBTAINED ON A CASE BY CASE BASIS. SUCH WAIVERS SHALL ONLY BE
GRANTED TO BOARDING KENNELS WHERE SUCH APPLICATION IS ACCOMPANIED BY A
WRITTEN CERTIFICATION BY THE LOCAL HEALTH OFFICER OF ITS NEED TO AVOID
AN IMMEDIATE UNDUE HARDSHIP UPON THE OWNER OR OPERATOR OF A BOARDING
KENNEL THAT HAD BEEN IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS
TITLE. WAIVERS MAY BE ACCOMPANIED WITH A TIME TABLE FOR SUCH KENNEL'S
COMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED IN ACCORDANCE WITH
SUBDIVISION ONE OF THIS SECTION.
S 1349-D. BOARDING KENNELS; POSTING OF SIGNS. EVERY BOARDING KENNEL
SHALL CONSPICUOUSLY POST SIGNS AND PROVIDE PROSPECTIVE PATRONS WITH A
WRITTEN COPY OF STATE REGULATIONS AND KENNEL POLICIES REGARDING HEALTH
AND SAFETY OF ITS PET ANIMAL BOARDERS.
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S 1349-E. BOARDING KENNELS; VIOLATIONS AND SANCTIONS. 1. A VIOLATION
OF THIS TITLE OR OF THE HEALTH AND SAFETY REGULATIONS PROMULGATED BY THE
COMMISSIONER SHALL CONSTITUTE A PUBLIC NUISANCE WHICH MAY BE ENJOINED OR
RESTRAINED. IF SUCH VIOLATION CONSTITUTES A PUBLIC HEALTH HAZARD AND
CONTINUES FOR MORE THAN ONE WEEK FROM THE DATE OF NOTICE OF VIOLATION,
AND A WRITTEN DEMAND FOR DISCONTINUANCE AND ABATEMENT OF SUCH VIOLATION
HAS BEEN DELIVERED UPON THE OPERATOR OF SUCH BOARDING KENNEL IN THE
MANNER PRESCRIBED FOR SERVICE OF SUMMONS SET FORTH IN THE CIVIL PRACTICE
LAW AND RULES, A LOCAL PUBLIC HEALTH OFFICER MAY MAKE AN EX PARTE APPLI-
CATION TO A COURT OF COMPETENT JURISDICTION FOR A TEMPORARY RESTRAINING
ORDER WHICH SUCH COURT MAY GRANT WHEN IT DETERMINES THAT THERE IS A
VIOLATION WHICH REQUIRES IMMEDIATE RELIEF.
2. THE OWNER OR OPERATOR OF A BOARDING KENNEL CITED FOR VIOLATIONS
CONSTITUTING A PUBLIC HEALTH HAZARD FOR WHICH A TEMPORARY RESTRAINING
ORDER HAS BEEN ISSUED AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION,
SHALL:
(A) HAVE AN OPPORTUNITY TO CORRECT SUCH VIOLATION AS SOON AS PRACTICA-
BLE; OR
(B) BE PROVIDED WITH A HEARING WITHIN FIFTEEN DAYS. UPON A FINDING OF
A VIOLATION, AN OWNER OR OPERATOR OF SUCH BOARDING KENNEL MAY BE ORDERED
TO CORRECT SUCH VIOLATION WITHIN ONE WEEK AND FINED NO MORE THAN ONE
HUNDRED DOLLARS PER VIOLATION. UPON A FINDING OF A REPEAT OR SUBSEQUENT
VIOLATION, SUCH OWNER OR OPERATOR SHALL BE FINED NO MORE THAN FIVE
HUNDRED DOLLARS.
S 1349-F. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
SION, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED BY ANY COURT OF
COMPETENT JURISDICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT,
IMPAIR OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS
OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR
PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT
SHALL HAVE BEEN RENDERED.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.